T24 Custodial sentence Flashcards
what does custodial sentence mean? ( Age 21+, 18-21, Under 18)
A: A sentence of imprisonment
->21 and over: Sentence of imprisonment
18 to 21: Detention in a young offenders’ institution or custody for life
Under 18: Detention and training order or detention under section 250 of the Sentencing Act 2020
**RMBR: A sentence of custody for life ( available to offenders aged between 18 and 21) **
What are the main types of custodial Sentence
->Mandatory sentences (sentence fixed by law);
->Prescribed (or minimum) sentences;
->Discretionary sentences;
->Dangerous offenders provisions (see separate Factsheet);
->Suspended sentences of imprisonment;
What is the only mandatory custodial sentence in the UK
Life imprisonment for murder
How does the mandatory sentence for murder vary by age
->21 and over: Life imprisonment
->Under 21 at conviction: Custody for life
->Under 18 at time of offence: Detention at His Majesty’s Pleasure
What is the purpose of Section 321 of the Sentencing Act 2020?
It sets out rules for minimum terms (tariffs) that an offender must serve before being eligible for release
What must the court consider when setting a tariff?
The seriousness of the offence(s) and any time spent in custody or on a qualifying curfew.
Is dangerousness considered when setting a tariff under Section 321?
No, dangerousness is dealt with under the whole life order.
When can a whole life order be imposed?
Whole life orders can be imposed for the most serious cases if the offender is over 21.
They can also be imposed on 18–20-year-olds, but only if the offence is exceptionally serious, even by the standards of whole life cases.
How are days spent in custody on remand treated when sentencing?
They are not automatically credited, so the court must adjust the sentence tariff to account for them.
Prescribed custodial sentences
- They are not auto credited, so the court must adjust the sentence tarriff to account for them
What are the provisions for prescribed custodial sentences for Class A drug offences?
For a third conviction of Class A drug trafficking , a minimum seven-year term must be imposed, unless court believe that there is exceptional circumstances exist.
The test is less stringent for third offences committed before 28th June 2022, where specific circumstances may make it unjust to impose the minimum sentence.
What are the provisions for prescribed custodial sentences for domestic burglary?
For a third conviction of domestic burglary (committed on or after 01.12.99), a minimum three-year sentence must be imposed, unless the court believes that there are exceptional circumstances.
The convictions must be on separate dates, this means that if a D is sentenced for two dwelling house burglaries during the same hearing** it counts as one conviction for the purposes of the Act. **
THIS IS THE SAME FOR CLASS A DRUG PROVISIONS
What is the rule for sentencing under the Class A drug or domestic burglary provisions?
The court cannot impose a sentence less than 80% of the minimum specified sentence, even if a guilty plea is considered.
Any credit for a guilty plea must be adjusted to ensure the sentence remains at least 80% of the minimum term.
What are the principles for imposing discretionary custodial sentences?
A: When considering a discretionary custodial sentence, the court must ensure:
- “The custody threshold is crossed”, meaning the offence is serious enough that no other sentence is appropriate.
- “The sentence should be the shortest term possible”, in line with the seriousness of the offence.
What factors does the court consider when sentencing for multiple offences?
The court may consider the combination of the offenceswhen determining the custodial sentence length, but must also follow the “totality principle.”
IMPORTANT
Passing the custody threshold does not automatically result in a custodial sentence,
as mitigation may lead to a non-custodial sentence*
Can a court pass a custodial sentence if an offender refuses to comply with a Community Order requirement?
Yes, exceptionally, the court may pass a custodial sentence if the offender refuses to comply with a requirement in a community order
, such as a Drug Rehabilitation Requirement (DRR) or mental health treatment, even if the custody threshold is not met.
What are some of the MC court powers
Magistrates’ courts can impose sentences of up to 6 months ‘ imprisonment for summary-only offences,
with an exception for low-value criminal damage offences (under £5000), where the maximum sentence is 3 months.
What are some of the MC court power (pt 2)
The aggregate ( or total) sentence limit for summary-only offences in magistrates’ courts is 12 months, regardless of how many offences there are
What change has been made regarding EWA
The poisition for EWA now more complex as Secretary of states not has power to change the “applicable limit in a mc” from 6 months to 12 months or vice versa
What are the maximum sentence limits in the CC
In the Crown Court, the maximum sentence is the one prescribed for the specific offence. If no maximum is stated for a statutory offence, it is considered to be a t
@two-year maximum@ (under s223 of the Sentencing Act 2020). For common law offences, there is no maximum sentence
What are the Crown Court’s sentencing powers for common law offences and statutory offences?
The Crown Court has full sentencing powers for common law offences, as there is no maximum sentence for them.
For statutory offences, the court has the sentencing options prescribed for that offence.
However, the Crown Court’s powers are limited by mandatory and prescribed sentences.
To which sentences does the power to impose a suspended sentence apply?
The power to impose a suspended sentence applies to sentences of 1) imprisonment and
2)detention in a young offender’s institution,
BUT not to detention and training orders.
What is a suspended sentence of imprisonment and what are the conditions for it?
A suspended sentence of imprisonment means the imprisonment does not take effect immediately.
The custody threshold must be crossed, and the defendant must be over 18 before a suspended sentence can be imposed
What are the conditions for imposing a suspended sentence of imprisonment?
The court must first determine the appropriate custodial period based on the seriousness of the offence.
A suspended sentence is only available for “imprisonment between 14 days and 2 years”, or “detention in a young offender institution between 21 days and 2 years”
